Fact
File 
PainSmith
Solicitors Legal Update
Disability
Discrimination Act 1995
Disability
Discrimination Act and Stairs - PainSmith*
Solicitors Legal Update 23 May 2007
A
recent case before the court of Appeal has clarified the position regarding the
Disability Discrimination Act (DDA) and it application to residential premises.
In the
case of Richmond Court (Swansea) Ltd v Dorothy Williams the Court of Appeal was
asked to consider whether Richmond Court had discriminated against Mrs Williams
by refusing consent for her to install a stairlift. Mrs Williams is the owner
of a long leasehold of a third floor flat but, at 81 years old, she has had increasing
difficulty negotiating stairs. She asked her immediate landlord for permission
to install a stairlift in the common stairwell to assist with her mobility problems
which was to be paid for entirely by a Local Authority grant.
Permission
was refused even though Richmond Court's head landlord had no objection to the
stairlift being installed. The first judge concluded that discrimination had occurred
and this was appealed to the Court of Appeal. In concluding that no discrimination
had occurred the Court of Appeal raised some very important points.
The
first of these relates to the duties required in regard to property under the
DDA. An employer is under a positive duty under the DDA to make physical adjustments
to work premises where a physical feature puts a disabled person at a disadvantage.
The same is not true of residential property. Just because an individual is disadvantaged
by some aspect of a property there is not an automatic duty to make adjustments
except for certain minor auxiliary features such as furnishings or door handles.
This
difference in the legislation attracted sharp commentary from the Court of Appeal
and has been the subject of some criticism in commentary on this case. See for
example "The Legislation Should Raise Its Game" Estates Gazette, 10 February 2007.
The
second point made by the Court was a criticism of the Judge who initially heard
the case and the way he had reasoned his decision. Usefully, though the Court
set out a 5 stage test which should be used when deciding if there has been discrimination:
- Identify
the treatment that is alleged to constitute discrimination
- Identify
the reason for that treatment
- Determine
if the reason relates to the person's disability
-
Identify comparable persons to whom the reason does not apply
- Identify
if the treatment is less favourable than that accorded to comparable persons
It
was because the treatment of Richmond Court of Mrs Williams did not satisfy all
of these tests that the Court of Appeal concluded that she had not been discriminated
against. Specifically, Richmond Court made clear that no person, whatever the
reason, would ever be allowed to install a stair lift in the property and, as
this was not challenged by Mrs Williams, there was clearly no discrimination in
this matter.
The
full judgement of the Court of Appeal in this matter can be found at http://www.bailii.org/ew/cases/EWCA/Civ/2006/1719.html.
Dr David Smith is a trainee solicitor with PainSmith Solicitors, a niche practice
specialising in residential landlord and tenant law. He can be contacted on 01420
565310 or by email at david@painsmith.co.uk.
PainSmith
Solicitors Legal Updates are provided for information only and are not legal advice.
If you do have a legal problem, you should talk to a lawyer or adviser before
making a decision about what to do. You may wish to use the CLS/CDS Directory
(www.justask.org.uk/public/en/directory) to locate an adviser. The information
provided here is written for people resident in, or affected by, the laws of England
and Wales only. You should note that date given in the update and be aware that
the information given may become inaccurate due to changes in the law or its implementation.
____________________________________________
*
PainSmith Solicitors are a niche practice specialising in Landlord
and Tenant Law. Based in Medstead in Hampshire, they are ideally situated to provide
an efficient service to clients nationwide as well as those based in Central London
and the Home Counties.
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